Raja Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.58914 of 2022 Arising Out of PS. Case No.-249 Year-2022 Thana- BETTIAH CITY District- West Champaran ====================================================== Raja Sah Son Of Late Laxman Sah Resident Of Mohalla- Purani Gudari, Ward No. 10, P.S- Bettiah Town (Kalibag), District- West Champaran ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Umesh Chandra Verma For the Opposite Party/s :

Mr.Satya Nand Shukla ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 23-08-2023 Heard learned counsel for the petitioner, informant and learned APP for the State.

The petitioner is languishing in custody in a case registered for the offences punishable under Sections 341, 323, 302/34 of the Indian Penal Code. It is a case of commission of murder of the brother of the informant.

It is submitted by learned counsel for the petitioner that petitioner is innocent and he has falsely been implicated in this case. The informant is not an eye

Patna High Court CR. MISC. No.58914 of 2022(7) dt.23-08-2023 2/3 witness to the occurrence nor any independent witness has come forward in support of the case whereas the occurrence took place in broad day light. The postmortem report also suggests that deceased had sustained only one lacerated wound on right middle finger and bruise on right hand caused by hard and blunt substance and viscera has been preserved. In the viscera report, no metallic, Alkaloidal, Glycosidal, Pesticidal and Volatile poison was found. There is general and omnibus allegation against all the accused persons including the petitioner. The petitioner is languishing in custody since 18.05.2022. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent. In contra, learned counsel appearing on behalf of the informant and A.P.P appearing on behalf of the State have vehemently opposed the prayer for bail of the petitioner.

Considering the facts aforesaid and the period under custody, let the petitioner, above named, be

Patna High Court CR. MISC. No.58914 of 2022(7) dt.23-08-2023 3/3 released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousands) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, West Champaran at Bettiah in connection with Bettiah Town P.S. Case No. 249 of 2022.

(Sunil Kumar Panwar, J) Shageer/- U T